CHAPTER 116A: SCRAPDEALERS AND SCRAPYARDS
Section
   116A.01   Definitions
   116A.02   License required
   116A.03   Daily reports to Police Department
   116A.04   Records required; inspections
   116A.05   Posting of business sign required
   116A.06   Dealing with minors
   116A.07   Hours of operation
   116A.08   Notice; effective date
   116A.09   Period of retention
 
   116A.99   Penalty
§ 116A.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   PERSON. Any natural person, partnership, joint venture or corporation.
   SCRAP. Any waste and/or new metal products, including, but not limited to, old, unwanted metal, building supplies, wrought iron, wiring, piping, copper tubing, aluminum (except aluminum cans), steel and surplus materials. Automobiles and automotive parts, with the exception of loose catalytic converters, shall be considered as exempt.
   SCRAPDEALER. Any person engaged in the business of operating a scrapyard and/or engaged in the sale, purchase, exchange and/or acquisition of scrap.
   SCRAPYARD. Any premises where a business is located that deals in the sale, purchase, exchange and/or acquisition of scrap, including recycling operations.
(Ord. O-2008-003, passed 2-25-2008)
§ 116A.02 LICENSE REQUIRED.
   No person shall operate as a scrapdealer nor engage in the business of operating of a scrapyard without first having obtained the necessary licenses required for the operation of such a business.
(Ord. O-2008-003, passed 2-25-2008) Penalty, see § 116A.99
§ 116A.03 DAILY REPORTS TO POLICE DEPARTMENT.
   (A)   Any person so licensed hereunder shall be required to make a daily report to the Police Department, in writing, of every purchase, exchange or acquisition of any article of scrap. The report shall contain:
      (1)   A description of each article of scrap purchased, exchanged or acquired by the scrapdealer;
      (2)   The price paid for each article of scrap;
      (3)   The name and address of the person (seller) from whom each article of scrap is purchased, exchanged or acquired;
      (4)   The date and hour the purchase, exchange or acquisition was made;
      (5)   A photocopy of the seller’s drivers license, state identification card, official United States military identification card or any other form of personal identification, with photograph;
      (6)   A digital photograph of the seller, along with the article of scrap that he or she is selling or exchanging with the scrap dealer. Such digitalphotographs shall be of sufficient quality in order to make each commodity clearly identifiable and electronically transmitted to the Newport Police Department on a daily basis at an electronic address to be provided; and
      (7)   The signature of the scrap dealer and the seller as executed at the time of the purchase, exchange or acquisition of the article of scrap by the scrap dealer.
   (B)   Each entry on the report shall be numbered consecutively, commencing with the number (1).
   (C)   Scrap dealers shall not be required to report to Leads Online the prices paid for scrap, but shall make that information available to the Newport Police Department upon request.
(Ord. O-2008-003, passed 2-25-2008; Am. Ord. O-2013-019, passed 11-18-2013) Penalty, see § 116A.99
§ 116A.04 RECORDS REQUIRED; INSPECTIONS.
   (A)   All scrap dealers shall be required to keep a record of every purchase, exchange or acquisition of any article of scrap. These records shall be made available for inspection by the Newport Police Department or any other City agency, upon request at any time during the scrap dealers or scrap yards regular business hours.
   (B)   Any motor vehicle sold to or purchased, exchanged or acquired by any scrap dealer or scrap yard, excluding previously crushed vehicles, shall, along therewith, have either the legal title thereto, stamped as junked or otherwise, transferred from the owner of record to the scrap dealer or scrap yard, or require such person to execute therewith, a Hulk Vehicle Affidavit, including the VIN thereon, indicating that he/she is the owner of such vehicle and free to dispose of the same, at the time of such sale, purchase exchange or acquisition. The required Hulk Vehicle Affidavit forms are available from the Newport Police Department. A copy of such transferred title, or Hulk Vehicle Affidavit shall be made available for inspection by the Newport Police Department or any other City agency, upon request, at any time during the scrap dealers or scrap yards regular business hours.
   (C)   Such records, including all transferred motor vehicle titles or signed affidavits shall be maintained for a minimum period of 1 year.
(Ord. O-2008-003, passed 2-25-2008; Am. Ord. O-2011-005, passed 5-9-2011; Am. Ord. O-2013-019, passed 11-18-2013) Penalty, see § 116A.99
§ 116A.05 POSTING OF BUSINESS SIGN REQUIRED.
   Any scrapdealer or scrapyard shall be required to maintain in a conspicuous place in or upon the business premises, a sign having his or her name and occupation inscribed thereon.
(Ord. O-2008-003, passed 2-25-2008) Penalty, see § 116A.99
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